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Originally Posted by DiapDealer
More interesting is how will they get secretive Amazon ebook retailer(s) to open its their books to prove it they made an aggregate profit selling BPH ebooks.
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It seems to me like the publishers who signed the settlement agreement will need to specify in contracts that the retailer needs to report the number and price of ebooks sold.
But, it could be an issue. The retailers haven't signed any settlement agreements (afaik), but are in theory still bound by them. I can't imagine Amazon will want the DoJ telling them how much they can discount, or how that requirement would actually be enforced.
It could also turn into a game of chicken, where B&N is willing to discount to a 1% margin per publisher, and Amazon is willing to discount to 0.5% or 0.25% per publisher -- and
still be able undercut B&N on price.